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June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be, Bruce Ledewitz 2017 Duquesne University

June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be, Bruce Ledewitz

Hallowed Secularism

Blog post, “The play An Act of God Cannot Decide What It Wants to Be“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz 2017 Duquesne University

June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz

Hallowed Secularism

Blog post, “Exiting the Paris Accord“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie 2017 University of British Columbia

The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie

Osgoode Hall Law Journal

This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool for ownership and private land use planning. Condominium, however, also poses novel and unique challenges to both legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals—deontology and utilitarianism—the paper describes how condominium is understood by each approach and …


Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst 2017 University of Maryland Francis King Carey School of Law

Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst

Maryland Law Review

No abstract provided.


The Problems With Moral Subjectivism, Seow Hon TAN 2017 Singapore Management University

The Problems With Moral Subjectivism, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Moral dialogue for moral subjectivists is gravely limited. As soon as moral subjectivists hold another person to any moral standard independent of the person’s belief, they must give up their moral subjectivism. Some moral subjectivists might turn out to be moral realists who accord primacy to autonomy. This, however, is a senseless position that renders all persons equally worthless, unless such moral realists concede that norms that limit autonomy exist. But if so, they are not different from any other moral realists after all.


May 27, 2017: Getting Tired Of The Russia Thing, Bruce Ledewitz 2017 Duquesne University

May 27, 2017: Getting Tired Of The Russia Thing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Getting Tired of the Russia Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Revolutionary Disobedience, Philip K. Y. Lau 2017 Barry University School of Law

Revolutionary Disobedience, Philip K. Y. Lau

Barry Law Review

Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …


May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz 2017 Duquesne University

May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz

Hallowed Secularism

Blog post, “Putnam versus Scalia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 16, 2017: When All The Churches Are Gone, Bruce Ledewitz 2017 Duquesne University

May 16, 2017: When All The Churches Are Gone, Bruce Ledewitz

Hallowed Secularism

Blog post, “When All the Churches are Gone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 9, 2017: What Can Democracy Do?, Bruce Ledewitz 2017 Duquesne University

May 9, 2017: What Can Democracy Do?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Can Democracy Do?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 3, 2017: What Threat From Ai, Bruce Ledewitz 2017 Duquesne University

May 3, 2017: What Threat From Ai, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Threat from AI“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh 2017 Brooklyn Law School

Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh

Brooklyn Journal of International Law

Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …


April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz 2017 Duquesne University

April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is at Stake in the Hypocrisy of Originalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn 2017 wesleyan university

The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn

Concordia Law Review

This Article considers the civic constitutionalist nature of the Preamble to the Bill of Rights. Civic constitutionalism is a mode of reading constitutional texts that considers power in political, as opposed to legal, terms. Thus, the civic constitution gives citizens, not judges, the primary duty for ensuring a constitutionally compliant society. This Article also presents the underlying reasons, effects, and costs of the obscurity of the civic constitution and, more specifically, the Preamble to the Bill of Rights.


April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz 2017 Duquesne University

April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Judicial-Industrial Complex“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 9, 2017: What I Learned At Pepperdine, Bruce Ledewitz 2017 Duquesne University

April 9, 2017: What I Learned At Pepperdine, Bruce Ledewitz

Hallowed Secularism

Blog post, “What I learned at Pepperdine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz 2017 Duquesne University

April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson 2017 Texas A&M University School of Law

Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson

Faculty Scholarship

Researchers and practitioners in naturallanguage processing (NLP) and related fields should attend to ethical principles in study design, ascription of categories/variables to study participants, and reporting of findings or results. This paper discusses theoretical and ethical frameworks for using gender as a variable in NLP studies and proposes four guidelines for researchers and practitioners. The principles outlined here should guide practitioners, researchers, and peer reviewers, and they may be applicable to other social categories, such as race, applied to human beings connected to NLP research.


April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz 2017 Duquesne University

April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Friday Op-ed in the Pittsburgh Post-Gazette Concerning Judge Gorsuch and Interpretation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What Is Meant By Freedom?, Paul D. Callister 2017 University of Missouri-Kansas City School of Law

What Is Meant By Freedom?, Paul D. Callister

Faculty Works

Freedom is overlooked as a legal and social concept, with few attempts to define it. Lon Fuller articulated the critical question about freedom: “How can the freedom of human beings be affected or advanced by social arrangement, that is by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?” Freedom needs to be defined in the context of this question — as an ideal to be advanced by our social institutions, laws, and customs. The article first begins with a framework for freedom established by Lon Fuller in a neglected …


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